[HISTORY: Adopted by the Town Board of the Town of Genesee
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-9-2015 by Ord. No. 15-1]
For purposes of this article, the following terms are defined
as follows:
A person who constitutes an "adult" as defined in § 938.02(1),
Wis. Stats.
A person who constitutes a "juvenile" as defined in § 938.02(10m),
Wis. Stats.
All future amendments, revisions, renumbering or other modifications
of the current or future state statutes referenced in this article
are incorporated herein in order to secure uniform statewide regulation
of peace and good order.
In addition to, and not to the exclusion or prejudice of, such
other penalties and remedies as may apply, any adult person who shall
violate any of the provisions of any Town ordinance shall, upon conviction
of such violation, be subject to a penalty, which shall be as follows:
A.
First
offense. Any adult person who shall violate any provision of any Town
ordinance shall, upon conviction thereof, forfeit not less than $5
nor more than $1,000, together with all costs, surcharges, penalty
assessments, and any other taxable item of cost as provided for by
the laws of the State of Wisconsin as applicable to forfeiture actions
that are in effect at the time of the offense, and any other taxable
costs as imposed by any other provision of Town ordinances, and in
default of payment of the same any adult person shall be subject to
the provisions of § 800.095, Wis. Stats.
B.
Second
and subsequent offenses. Any adult person who is found guilty of violating
any ordinance or part of an ordinance who has previously been convicted
of a violation of the same ordinance or part of an ordinance within
three years from the date of the last offense to the date of the current
offense shall, upon conviction thereof, forfeit not less than $10
nor more than $2,000 for each such offense, together with all costs,
surcharges, penalty assessments, and any other taxable item of cost
as provided for by the laws of the State of Wisconsin as applicable
to forfeiture actions that are in effect at the time of the offense,
and any other taxable costs as imposed by any other provision of Town
ordinances, and in default of payment of the same any adult person
shall be subject to the provisions of § 800.095, Wis. Stats.
A.
If
the court finds that a juvenile violated a Town ordinance, other than
the truancy, school dropout, alcohol or drug offenses described in
§ 938.17(2)(e), (g), or (i), Wis. Stats., it shall enter
an order making one or any combination of the dispositional orders
permitted under § 938.343, Wis. Stats.
B.
If
the court finds that a juvenile violated an ordinance adopted in strict
conformity with the truancy, school dropout, alcohol or drug offenses
described in § 938.17(2)(e), (g), or (i), Wis. Stats., it
shall order one or any combination of the penalties specified directly
or by reference in such state statute.
C.
If
the court finds that a juvenile violated a condition of his or her
dispositional order, the court may impose any of the sanctions specified
directly or by reference in § 938.17(2)(h), Wis. Stats.
Each violation and each day a violation continues or occurs
shall constitute a separate offense. Nothing in this Code shall preclude
the Town from maintaining any appropriate action to prevent or remove
a violation of any provision of this Code.
A.
The
Town shall have any and all remedies afforded by the Wisconsin Statutes
in addition to the forfeitures and costs of prosecution above.
B.
Execution
or assessment against defendant's property. Whenever any person
fails to pay a forfeiture and costs of prosecution upon the order
of any court for violation of any ordinance of the Town, the court
may, in lieu of ordering imprisonment of the defendant, or after the
defendant has been released from custody, issue an execution against
the property of the defendant for said forfeiture and costs to the
extent allowed by law. In the alternative, upon authorization of the
court imposing any such forfeiture and costs, such sum as remains
unpaid shall be added to the Town's portion of the property tax
liability.
C.
In
addition to any forfeiture imposed under this article or any other
penalty section of the Code of Ordinances of the Town of Genesee,
the Town may institute an action or proceeding to enjoin any violation,
and such violation or any nonpayment of any forfeiture and costs shall
constitute the basis for revocation or denial of any and all licenses
and permits wherein the Town is the issuing authority.
[Adopted 2-9-2015 by Ord. No. 15-1]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Genesee of a general and permanent nature adopted by the Town Board of the Town of Genesee, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 547, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Genesee," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede all other general
and permanent ordinances enacted prior to the enactment of this Code,
except such ordinances as are hereinafter expressly saved from repeal
or continued in force.
The provisions of the Code, insofar as they are substantively
the same as those of the ordinances in force immediately prior to
the enactment of the Code by this ordinance, are intended as a continuation
of such ordinances and not as new enactments, and the effectiveness
of such provisions shall date from the date of adoption of the prior
ordinances.
A copy of the Code has been filed in the office of the Town
Clerk and shall remain there for use and examination by the public
for at least two weeks, in accordance with § 66.0103, Wis.
Stats., and until final action is taken on this ordinance, and, if
this ordinance shall be adopted, such copy shall be certified to by
the Town Clerk, and such certified copy shall remain on file in the
office of said Town Clerk to be made available to persons desiring
to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements
to the Code, when adopted in such form as to indicate the intention
of the Town Board to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Town of Genesee" shall be understood and intended to include such
additions, deletions, amendments or supplements. Whenever such additions,
deletions, amendments or supplements to the Code shall be adopted,
they shall thereafter be inserted in the Code as amendments and supplements
thereto.
The Clerk of the Town of Genesee, pursuant to law, shall cause
to be published, in the manner required by law, a notice of the adoption
of this ordinance. Sufficient copies of the Code shall be maintained
in the office of the Clerk for inspection by the public at all times
during regular office hours. The publication of notice of the enactment
of this ordinance, coupled with the availability of a copy of the
Code for inspection by the public, shall be deemed, held and considered
to be due and legal publication of all provisions of the Code for
all purposes.
It shall be the duty of the Town Clerk, or someone authorized
and directed by the Clerk, to keep up-to-date the certified copy of
the Code required to be filed in the Clerk's office for use by
the public. All changes in said Code and all ordinances adopted subsequent
to the effective date of this codification which shall be adopted
specifically as part of the Code shall, when finally adopted, be included
therein by reference until such changes or new ordinances are included
as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk or an authorized agent of the Clerk upon
the payment of a fee to be set by the Town Board. The Clerk may also
arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Genesee to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a penalty as provided in Chapter 1, Article I, of the Code.
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof. If any provision of this Code
or the application thereof to any person or circumstances is held
invalid, the remainder of this Code and the application of such provision
to other persons or circumstances shall not be affected thereby.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances inconsistent with the
provisions contained in the Code adopted by this ordinance are hereby
repealed; provided, however, that such repeal shall only be to the
extent of such inconsistency, and any valid legislation of the Town
of Genesee which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect. In addition, the
following ordinances are specifically repealed:
A.
"An Ordinance To Create an Architectural Control Review Board in
the Town of Genesee" adopted July 11, 1977.
B.
"An Ordinance To Prohibit the Construction of Prefabricated Homes
in the Town of Genesee, Waukesha County, Wisconsin" adopted September
12, 1977, and amended November 15, 1977.
C.
"An Ordinance Creating a Board of Appeals for the Town of Genesee,
Waukesha County, WI" adopted September 14, 1981."
D.
"Ordinance Establishing Jurisdiction and Duties of Town Constable"
adopted January 14, 1985.
The adoption of this Code and the repeal of ordinances provided for in § 1-18 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to September 8, 2014.
B.
Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability.
C.
Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F.
Any ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing grade, changing name, improvement,
acceptance or vacation of any right-of-way, easement, street, road,
highway, park or other public place or any portion thereof.
G.
Any ordinance appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond or other instruments or evidence of the Town's
indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The annexation or dedication of property or approval of preliminary
or final subdivision plats.
K.
Ordinances providing for local improvements or assessing taxes or
special assessments therefor.
L.
All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
M.
Any legislation relating to or establishing a pension plan or pension
fund for municipal employees.
N.
Any ordinances adopting or amending a zoning map or otherwise rezoning
property.
O.
Any charter ordinances.
P.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Town.
Q.
Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Genesee, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection C hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
C.
The amendments and/or additions as set forth in Schedule A attached
hereto and made a part hereof are made herewith, to become effective
upon the effective date of this ordinance. (Chapter and section number
references are to the ordinances as they have been renumbered and
appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-20C, the chapters, parts and sections that were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: [Amended (added, deleted) 2-9-2015 by Ord. No. 15-1]. Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This ordinance shall take effect upon passage and publication
as required by law.
